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Lee Jae-myung's regime's "non-prosecution" constitutional provision, "no trial" of the president, is a fascist coup

김종찬안보 2026. 2. 26. 13:00
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Lee Jae-myung's regime's "non-prosecution" constitutional provision, "no trial" of the president, is a fascist coup

President Lee Jae-myung, ruling party lawmakers, and the courts have applied the constitutional provision that the president "is not subject to prosecution" to "no trial," thereby creating a "no trial" and forcing the waiver of trial, establishing fascism. Meanwhile, the ruling Democratic Party has entered a coup d'état regime by calling for the "cancellation of indictments."

On the 25th, 108 Democratic Party lawmakers launched an organizational effort to "cancel the indictments" as the "Special Committee for Promoting a National Assembly Investigation to Uncover the Truth Behind the Yoon Seok-yeol Administration's Fabricated Indictments and to Receive the Indictments."

They began working at the National Assembly level to "cancel the indictments" against President Lee before the "fabricated indictments" were proven. Lee Kyu-yeon, Senior Secretary to the President for Public Relations, announced his support, stating, "This is an issue that needs to be resolved within an institutional framework rather than a private matter." The Korean Constitution explicitly stipulates that the President ranks lower in the separation of powers and grants him the right to "defense" as a means of maintaining the separation of powers, including the right to "not be prosecuted."

However, the ruling Democratic Party lawmakers have distorted this "right to attack, undermining the separation of powers," into the "right to suspend trials." This, in turn, has led the judiciary to submit, effectively breaking the Constitution with the "no-trial" clause and undermining the rule of law, a fascist practice known as "recognition of presidential privilege."

This would require President Lee to request the application of Article 84 as a defense right through an appeal to overturn the guilty verdict, based on the Constitution. The court would first rule on whether the "no-trial" clause includes "trial" and whether the "no-trial" clause applies to the "right to suspend trials" and the "right to maintain prosecution." This would normalize the separation of powers and the rule of law.

The district court presiding over the Yoon Seok-yeol rebellion trial interpreted "presidential authority" as a "prohibition on indictment" and ruled that "suspension of prosecution" did not apply. The Constitution's "non-prosecution" clause merely expresses the executive's passive "right to defend" against the superior judiciary. It does not explicitly state "suspension of trial," a system of rights diametrically opposed to the passive "non-prosecution." The legislature and judiciary, fully aware of this, have ignored it entirely, concluding with a "suspension of trial" based on a "system of intimidation."

The Constitution, intended to prevent the abuse of presidential power, distinguishes "immunity" from "privileged immunity," adding "governmental authority" to the separation of powers system. The US Supreme Court, in its tariff nullification ruling, applied the brakes based on the principle that "administrative officials must first have clear legal authority to assert special powers."

Embracing the American system, South Korea established a presidential system in its constitution, establishing "legislative," "government," and "judicial" powers within the principle of popular sovereignty, with the "president" explicitly designated as subordinate to the government. This constitutionally limited "governmental authority" and placed its special status in a subordinate provision.

The Democratic Party's National Assembly, which distorted the President's right to defense in the Korean Constitution into a right to attack, has become a fascist regime by strengthening the administrative dictatorship.

This has been centered around the "Lee Jae-myung case lawyers," who, by replacing the constitutional right of "popular sovereignty" with "party member sovereignty," seized control of the "nomination right" and relied on this power to secure a large number of National Assembly seats, establishing the foundation for a "cancellation of nomination" organization.

The constitution's "popular sovereignty" is defined as a unique and indivisible right, and cannot be replaced by "party member sovereignty over political parties." The direct establishment of a national governance system by party members qualifies as a fascist regime.

 

The Lee Jae-myung Regime declared the apex conflict of the executive branch based on the separation of powers, the most important power in the democratic constitution, as a "system of supremacy of the elected power" from the beginning, and started with "judicial reform" by infringing on the independent judgment of the judiciary from the absolute supremacy of the legislative power, and the legislative power colluded with the expansion of the executive power, and the legislative power destroyed the balance of rights of the separation of powers by establishing a cooperative system with the executive power in blocking the judiciary.

 

The Korean Constitution, Chapter 2: People, Chapter 3: National Assembly, Chapter 4: Government, and Section 1: President, stipulates that "Article 82: The President shall not be charged with a criminal offense during his tenure of office except for insurrection or treason."

This represents a power structure in which the Constitution establishes the sovereignty of the people as supreme in Article 1, followed by the separation of powers, with the President at the top.

Article 1 of the Constitution stipulates that "① The Republic of Korea shall be a democratic republic," and "② The sovereignty of the Republic of Korea shall reside in the people, and all state authority shall emanate from the people." The preamble, "To further establish the fundamental free democratic order," explicitly rejects both the far right and the far left.

Article 66 of Chapter 4: Government, Section 1: President, stipulates that "② The President shall have the responsibility to protect the independence, territorial integrity, and continuity of the nation, and the Constitution." Article 69: Upon taking office, the President shall take the following oath: “I solemnly swear before the people that I will faithfully execute the duties of the President by observing the Constitution, defending the State, striving for the peaceful unification of the homeland, promoting the freedom and welfare of the people, and developing national culture.”

Yoon Seok-yeol’s far-right regime broke the preamble to the Constitution, which explicitly rejects both the far right and the far left, under the pretext of “protecting liberal democracy,” and was impeached after attempting a coup d’état to the far right.

President Lee announced at dawn on the 5th that he would “reveal the prosecution’s fabricated indictments.” On the 5th, President Lee held a dinner with former floor leader Park Chan-dae, who spearheaded the party's efforts to seize nomination rights through party member sovereignty, and others. Representative Park toasted "Victory Glory," while the other representatives toasted "In Place," an acronym for "A President Who Is 'Proper', a President Who Is 'Proud', and a President Who Is 'Pleasant'."

The "National Assembly Nomination Cancellation Group," launched on the 12th with 90 members and abbreviated as "Gongchuimo," announced at a press conference that day, "President Lee was brought to trial on eight charges, including the Daejang-dong case, the Ssangbangwool North Korea remittance case, and the perjury instigation case, due to fabricated indictments by political prosecutors."

They continued, "While the trial was suspended after the presidential election, the fabricated indictments themselves have not been dropped. The abnormality of fabricating non-existent crimes to suffocate the head of state continues." They declared the suspension of the trial an established fact and announced the "cancellation of the indictments."

See <Tariff Ruling Blocks President's Constitutional Threat, Lee Jae-myung's 'Non-Prosecution' Applied, February 23, 2026>

<US Supreme Court's 'Congressional Authority on Tariffs' Alters Lee Jae-myung's 'Non-Prosecution' Privilege, Separation of Powers, February 21, 2026>

<Lee Jae-myung's 'Future Planning' for the National Assembly, Based on Party Member Sovereignty, 'Dominates' the Current Judiciary, Unconstitutional Fascism, September 12, 2025>

<Im Hyuk-baek, Eliminates Obstruction of Party Opinion Formation, Revives 'Fascism' by Dominating National Party Members and Local Council Members, March 27, 2024>

<Lee Jae-myung's 'Enforcing Party Members' Will' Abolishes Democratic Party Constitution's 'Separation of Powers', Neutralizes the National Assembly, May 25, 2024>

<Constitutional Court's Presidential Impeachment: 'Representative Democracy' Violates Lee Jae-myung's 'Party Member Sovereignty Nomination Decision,' April 2025 5th>

<Lee Jae-myung's Member Sovereignty Coup, Using National Assembly Votes to Destroy Parliamentary System, March 5, 2025>

<Democratic Party's 'Collective Intelligence Sovereignty of Right-Handed Members' Supported by the National Treasury, Lee Jae-myung's Nazi Party System, May 23, 2024>

<Lee Jae-myung's Democratic Party Platform: 'Democratic' Members Degraded to Subordinate Value, Democracy 'Degraded', August 6, 2024>

<Lee Jae-myung Attacks 'Established Democratic Party' as a Republican Hardline Conservative, July 29, 2022>

<Lee Jae-myung's Direct Democracy: Shift to a National Mobilization System, Party Member Sovereignty Dominates, 'Political Polarization', January 28, 2025>

<Lee Jae-myung and Kim Moon-soo's Fascist Election Accelerated by National Treasury for the Presidential Election, 'Destruction' of Democratic Suffrage, May 2025 20th>